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量刑规范化一直是理论与司法实务关注的焦点。随着法院量刑规范化与检察机关量刑建议的逐渐推行,实务界出现了忽视理论上量刑难度之维,认为采用简单的考评机制,法官和检察官就能实现量刑正义的错误倾向。量刑规范化、量刑建议是实现量刑正义的手段而非实现能力考核的手段。
The standardization of sentencing has always been the focus of theoretical and judicial practice. With the standardization of the sentencing of the court and the gradual implementation of the sentencing recommendations of the procuratorial organs, there is a dimension of ignoring the difficulty of theoretical sentencing in practice circles. The simple test evaluation mechanism is adopted in which judges and prosecutors can realize the wrong tendency of sentencing justice. Standardization of sentencing, sentencing recommendations is to achieve the sentencing justice rather than the means to achieve capacity assessment.